Ex Parte SIEFERT - Page 3




          Appeal No. 1996-3670                                       Page 3           
          Application No. 08/217,063                                                  


               Claims 1-7 stand rejected under § 112, ¶ 1, as non-enabled             
          and under 35 U.S.C. § 112, ¶ 2, as indefinite.  In addition,                
          claims 1-6 stand rejected under 35 U.S.C. § 103(a) as obvious               
          over U.S. Patent 5,155,847 (“Kirouac”) and claim 7 stands                   
          rejected under § 103(a) as obvious over U.S. Patent 5,166,886               
          (“Molnar”).                                                                 


                                       OPINION                                        
               After considering the record, we are persuaded that the                
          examiner erred in rejecting claims 1 and 3-7 as indefinite,                 
          claims 1-7 as non-enabled, and claims 1-6 as obvious.  We are               
          also persuaded, however, that he did not err in rejecting claim 2           
          as indefinite and claim 7 as obvious.  Accordingly, we affirm-in-           
          part.  Our opinion addresses the following rejections:                      
               •    indefiniteness rejection                                          
               •    enablement rejection                                              
               •    obviousness rejection.                                            


                             I. Indefiniteness Rejection                              
               Rather than reiterate the positions of the examiner or                 
          appellant in toto, we address the six points of contention                  
          therebetween.  First, the examiner asserts, "[w]ith respect to              
          claim 1, it is unclear how the functions of the software means              







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007